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Speaking in Code

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Posted on Thursday, September 1, 2022

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Speaking in Code

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County Commissioner Maria Marino

Your Palm Beach County government provides a wide range of services to the public.  One of the areas I frequently hear about from residents is the condition of, or activities occurring on a property.  For those matters, I request assistance from the Code Enforcement Division.

The role of Code Enforcement (CE) is to enforce the County’s Code of Ordinances and Land Development Regulations in the unincorporated areas of the county uniformly and consistently, to maintain our neighborhoods, and protect our health, safety, welfare, and quality of life.  Municipalities handle enforcement within their boundaries, following their particular ordinances and the Florida Building Code.
               
The CE division responds to complaints and monitors open cases, working with residents.  They individually investigate and track inquiries, and seek compliance through the process outlined in Florida Statutes Section 162.  The primary goal is to bring properties into compliance, and CE officers work extensively with property owners to achieve this.  Our CE officers are required to obtain certification through the Florida Association of Code Enforcement.
              
Common code violations include zoning and use regulations, property maintenance standards, overgrown lots, unpermitted construction, sign regulations and others that you can find listed at (https://discover.pbcgov.org/pzb/codeenforcement/PDF/Residential_Property_Maintenance_Guide.pdf).  With home ownership representing the single largest investment most people will make, one of the benefits of enforcing codes is to protect that investment.  By adhering to building standards and zoning codes, we can help enhance property values, maintain neighborhood appearances, and assure safety. 
            
At any one time, each of the 45 CE officers are monitoring in excess of 6,500 properties.  Some reported violations may be minor with simple remedies, yet others may affect the health and safety of the surrounding community.  Depending on the nature of the problem, CE will involve other applicable departments and agencies.
               
If a property is in violation, the owner will receive notification and ample due process to correct the issue.  Neighbors often feel that the “wheels of justice” move very slowly; however, CE is required to follow the statutes, which provides for a respondent’s day in court.  Once a Notice of Violation is issued, if the property owner fails to come into compliance (the minimum timeframe is usually 30 days), a hearing will be scheduled before a Special Magistrate, where the County and the respondent can each present their case.  The magistrate can dismiss the case if they determine the violation is unfounded or resolved; or, they will enter an order setting a timeframe within which the respondent must correct the violation(s), and the imposition of fines, once the deadline has passed.
               
In 2021, CE investigated more than 13,000 complaints, resulting in over 10,000 notices of violation.  Of those, 87 percent of the cases were brought into compliance and closed, and were not taken to a Magistrate Hearing.
               
Code Enforcement officials acknowledge that each case is unique, and some property owners may need additional time to obtain a building permit, update site plans and pass inspections for a particular improvement.  If the owner demonstrates they are making an effort to comply, the division will allow reasonable time for completion of the necessary steps. 
              
If you live in a homeowners or property owners association, your management company will likely handle the process to correct problems on properties that are out of compliance with your bylaws.  Additionally, if your community is located in the unincorporated area and your association or neighborhood group would like a presentation on code enforcement and typical issues that arise, let me know, and I can arrange for a speaker.
               
Since violations run with the land, when you are buying a property, it is important for you to work with your realtor and the seller to verify that all structures and improvements have the required permits and inspections.  It may save you a lot of aggravation later.
               
As always, if there is any way I can assist you, please contact me at (561) 355-2201 or by email at mmarino@pbcgov.org.
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